Laws Protecting Students with Disabilities

Individuals with Disabilities Education Act (IDEA): (federal)
Entitlement to special education and supportive services to ensure student with 1 of the 13 qualifying disabilities receives a "free appropriate public education" in the "least restrictive environment" through an "individual education plan." 20 USCA 1400 et. seq., 34 CFR Part 300

Purpose of IDEA:
Ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities. 20 USC 1400(c)(1)

2004 Amendments:
IDEA 2004 was passed by Congress and became effective as of July 1, 2005. Federal and state regulations will be revised in order to comply with the new federal statute.

Exceptional Children: (state)
Maine law complying with IDEA, 20-A MRSA 7201 et seq

Maine Special Education Regulations
Chapter 101, Maine Department of Education

Section 504 of the Rehabilitation Act: (federal)

Anti-discrimination law for students with qualifying disabilities to ensure students receive a "free appropriate public education" so long as school receives federal financial assistance 29 USCA 706 and 794; 34 CFR Part 104

Americans with Disabilities Act: (federal)
Anti-discrimination law for people with disabilities 42 USCA 12101 et seq; 29 CFR Part 1630

Maine Human Rights Act (state)
Maine's anti-discrimination law for students with disabilities (as well as gender, race, color, national origin, religion, familial status, and sexual orientation); applies in education area 5 MRSA 4601 et seq

Family Education Rights Privacy Act: (federal) -
Protects confidentiality of school records for special education and non-special education students and gives parents right to correct/amend those records 20 USCA 1232g; 34 CFR Part 99

---

Case Law

The Standard: Free Appropriate Public Education (FAPE)
"Appropriate" means the educational program is reasonably calculated to enable the student to achieve an educational benefit. It is not the best program. Bd. of Education of the Hendrick Hudson Central School District v. Rowley, 458 US 176, 102 S.Ct. 3034 (1982)

No Student is "too" disabled
Zero Reject Rule: there is no benefit eligibility test under IDEA. All children are eligible even if considered non-educable (ie, in a coma, as IDEA requires an appropriate education to meet the unique needs of the individual student. Education is broadly defined. Timothy W. v. Rochester School District, 875 F.2d 954 (1st Cir. 1989)

Maine DOE Dues Process Hearing Decisions

Several years of administrative hearing decisions are posted by the Maine Department of Education.